DUTIES OF SHELTER HOMES AND MEDICAL FACILITIES IN THE LEGAL FRAMEWORK

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This article is written by Aadrika Malhotra of 4^th Semester of Guru Gobind Singh Indraprastha University, an intern under Legal Vidhiya

Abstract

Domestic violence is prevalent in the majority of women. Throughout history and persisting into the 21st century, the unfortunate issue of violence against women endures. This problem cuts across societal boundaries, affecting women of various ages, religious affiliations, castes, and economic classes. It’s crucial to note that domestic violence isn’t restricted solely to women; men, children, and the elderly can also become victims. This distressing phenomenon transcends social strata and impacts diverse segments of the population. In India, the legal framework addressing domestic violence is the Protection of Women from Domestic Violence Act of 2005. This legislation outlines the concept in Section 3, where it encompasses actions, behaviors, or negligence that cause harm, injury, or jeopardize the mental or physical well-being of an individual. This definition extends to encompass any form of harm, harassment, or injury inflicted upon an individual or someone connected to them, with the intent of meeting unlawful demands.

Introduction

This offense occurs within the victim’s domestic sphere, involving individuals like family members and relatives. The term “domestic violence” is often used when the perpetrator and the victim share a close living arrangement. This encompasses a range of abusive acts, such as mistreatment of the elderly, child abuse, honor-related abuses like honor killings, female genital mutilation, and any form of abuse from an intimate partner.

In the modern era, substantial efforts have been undertaken to address the pressing issue of domestic violence. Governments worldwide have implemented proactive measures aimed at eliminating domestic violence. Moreover, media, political figures, and advocacy groups have played a crucial role in raising awareness about domestic violence as a grave societal problem.

The Protection of Women from Domestic Violence Act, 2005 aims to achieve the following objectives:

Establishing the illegality of all forms of domestic violence and establishing legal consequences for such actions.
Ensuring protection for victims who experience domestic violence, offering them recourse when such incidents occur.
Delivering timely, cost-effective, and accessible justice to the affected individuals.
Preventing the occurrence of domestic violence through proactive measures and taking appropriate action when such incidents do occur.
Instituting comprehensive programs and initiatives for the rehabilitation and recovery of domestic violence victims.
Raising awareness among the populace about the issue of domestic violence.
Enforcing stringent penalties and holding responsible parties accountable for their reprehensible acts of violence.
Establishing a legal framework aligned with international standards for the prevention of domestic violence.

Medical Facilities

If you have experienced domestic violence, it is your entitlement to receive medical support. You have the option to approach your district’s Protection Officer or any service provider aligned with women’s rights, who will assist you and any affected child in obtaining necessary medical aid. The medical report will be subsequently shared with the appropriate police station and court.

These aim at offering medical assistance to domestic violence victims. No medical facility has the right to deny help to such individuals. The thing is to initiate a Domestic Incident Report (DIR) if not already filed and forward it to the relevant Protection Officer, providing the victim with a complimentary copy of the medical report. Section 7 of The Protection of Women from Domestic Violence Act, 2005 states that if an aggrieved person is in need of medical aid, the responsible authority of the medical facility is obligated to provide the necessary assistance to the aggrieved person.

Shelter Homes

Section 6 of The Protection of Women from Domestic Violence Act, 2005 states that shelter homes, established by State Governments, serve as safe havens for women seeking refuge. These homes offer sanctuary to women who have experienced various forms of violence, such as rape, sexual crimes, and domestic violence.

Section 11(3) and 11(4) of The Protection of Women from Domestic Violence Act, 2005 state that if circumstances prevent you from returning home due to the presence of the individuals who have caused harm, the Protection Officer or a designated service provider may recommend seeking accommodation in a shelter home. Should you need to locate a shelter home, reaching out to a Protection Officer who maintains records of such facilities within their district is advisable.

Section 16(1),(2),(3) of The Protection of Women from Domestic Violence Act, 2005 states that even in cases where you have not filed a Domestic Incident Report (DIR), the assistance of a Protection Officer empowers you to request accommodation in a government-operated shelter home. It’s important to note that the shelter home cannot deny you shelter based solely on the absence of a DIR. Additionally, the shelter home can ensure your identity remains confidential from the harasser, if you wish.

Certain states provide informational handbooks for ASHA workers, offering insights into different types of violence, potential scenarios, and how to initiate a complaint seeking protection against domestic violence. For instance, a handbook tailored for ASHA workers in Chhattisgarh, Delhi, Jharkhand, Madhya Pradesh, and Uttarakhand furnishes valuable information on these subjects.

Services Provided by Shelter Homes

Nutritious and well-balanced meals, including specialized diets prescribed by medical professionals based on individual requirements, are provided to all residents. Comprehensive medical and healthcare services are available, encompassing prenatal, natal, and postnatal care, overseen by skilled practitioners including Gynecologists, pediatricians, and medical doctors from nearby Government Hospitals. Mobile Health Clinic units from Government Hospitals of NCT Delhi conduct regular checkups on alternate days to ensure continuous wellbeing.

For 24/7 care and monitoring, a team of seven trained staff nurses are on duty in shifts, tending to various health and other needs. Consistent and compassionate counseling is offered to address the physical, mental, and psychological requirements of shelter home residents, aiding in the restoration of their self-esteem and self-confidence. Moreover, counseling and training sessions are conducted to enhance parenting skills, facilitating the development of responsible parents and children.

Procedure to Get Aids

The jurisdiction to hear cases under this Act lies with the court of Judicial Magistrate of the first class or the Metropolitan Magistrate of the relevant area. Section 27 of the Act outlines specific factors to consider:

Jurisdiction based on Aggrieved Person: The court’s jurisdiction is determined by whether the aggrieved person resides or conducts business in the area, either permanently or temporarily.
Jurisdiction based on Respondent: The court’s jurisdiction also extends to cases where the respondent resides, conducts business, or is employed within the local limits of the area.
The competent court is authorized to issue protection orders or other relevant orders as necessary for the case.

Additionally, Section 28 of the Act stipulates that all proceedings arising from this Act are subject to the provisions outlined in the Code of Criminal Procedure, 1973.

Indra Sarma v. V.K.V.Sarma

The court takes into account both the Domestic Violence Act and the specific circumstances of the case when determining maintenance in a live-in relationship. Notably, while the law allows women to claim maintenance if a live-in relationship ends, there isn’t a provision for men to make a similar claim under such circumstances. Instances have arisen where individuals enter into such relationships, subject their partners to abuse, and then abandon them. This highlights the necessity for a clear legal framework that safeguards individuals who rely on their partners for financial support.

The legislation’s purpose in enacting this Act is to ensure the protection of women’s rights, particularly those who are victims of various forms of violence within the family. The Act acts as a shield for women, shielding them from experiencing violence within the confines of their own homes.

Swadhar Greh Scheme

The Swadhar Greh Scheme, implemented by the Ministry of Women and Child Development, focuses on providing institutional support and rehabilitation to women victims of difficult circumstances, helping them lead their lives with dignity. The scheme involves setting up Swadhar Greh facilities in every district, with each facility having a capacity to accommodate 30 women. The primary objectives of the scheme include:

Basic Needs Support: The scheme aims to address the immediate and fundamental needs of women in distress, such as shelter, food, clothing, and medical care. It provides a safe and secure environment for women who lack social and economic support.
Emotional Rehabilitation: Encountering unfortunate circumstances can take a toll on a person’s emotional well-being. The Swadhar Greh Scheme aims to help these women regain their emotional strength and confidence, supporting them through their challenging experiences.
Legal Aid and Guidance: Women who have faced difficult circumstances often require legal assistance and guidance to navigate their situations effectively. The scheme provides access to legal aid and advice, helping them take steps towards reintegration into their families and society.
Economic and Emotional Rehabilitation: Rehabilitation is a key focus of the scheme. It not only aims to support women financially but also emotionally, helping them rebuild their lives after facing adversity.
Comprehensive Support System: The scheme acts as a comprehensive support system that understands and addresses the diverse needs of women in distress. This includes emotional, psychological, legal, and economic support.
Fresh Start with Dignity: Ultimately, the Swadhar Greh Scheme aims to empower women to start their lives anew with dignity and conviction. By providing the necessary resources and support, the scheme aims to help these women transition from difficult circumstances to a better future.

Women who have been impacted by domestic violence are eligible to stay in Swadhar Greh facilities for a duration of up to one year. For other groups of women facing various challenges, the maximum length of stay is extended to three years. Older women aged 55 and above have the possibility to stay for a maximum of five years, following which they are encouraged to transition to old age homes or similar institutions that cater to their needs.

Swadhar Greh centers also extend their services to children accompanying women falling within the aforementioned categories. Girls up to 18 years old and boys up to 8 years old are permitted to stay in Swadhar Greh facilities alongside their mothers. For boys older than 8 years, appropriate arrangements are made to relocate them to Children Homes established under the JJ Act (Juvenile Justice Act) or the ICPS (Integrated Child Protection Scheme).

This approach ensures that women in challenging circumstances receive the necessary support and shelter while also addressing the unique needs of their children. It offers a safe and accommodating environment for these vulnerable individuals, fostering their well-being and allowing them to access appropriate resources for a specified period of time.

Conclusion

Within the legal framework, Shelter Homes and Medical Facilities play indispensable roles in safeguarding the rights and well-being of vulnerable individuals. Shelter Homes offer a haven for those escaping difficult circumstances, ensuring their safety, dignity, and emotional rehabilitation. Simultaneously, Medical Facilities provide essential healthcare and support, addressing both physical and psychological needs. Together, these entities contribute significantly to the broader objective of societal welfare, empowerment, and justice. Their combined efforts exemplify the commitment of legal systems to protecting and assisting those in need, fostering a more inclusive and compassionate society for all.

References